2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 49 - Human Trafficking
§ 22-49-1 Human trafficking prohibited.
22-49-1. Human trafficking prohibited. No person may recruit, harbor, transport, provide, receive, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.
For purposes of this section and § 22-49-3, the term, coercion, may include:
(1) The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person's restraint, isolation, confinement, or abduction;
(2) Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt; and
(3) The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function.
Source: SL 2011, ch 120, § 1; SL 2016, ch 129, § 1; SL 2017, ch 99, § 1; SL 2019, ch 111, § 1.
